Medical laws: Source – Enumclaw.com
What is Medical Law?
These medical laws is a body of laws concerning the rights and responsibilities of medical professionals and their patients. The main focus for medical law include confidentiality, negligence and other torts related to medical treatment (especially medical malpractice), and criminal law and ethics.
Medical laws cut across various issues relating to healthcare obtained in United State of America – with each state having some amendments and jurisdiction on each case depending the legal framework obtained in the state. These laws are hinged on the following:
Confidentiality: Medical doctors and mental health professionals over the years always had a tradition of confidentiality with their patients, dating back to the English common Law. However, this tradition has been codified in recent years since medical laws were implemented, so that anything said by a patient to a doctor or mental health professional in the course of diagnosis or treatment is privileged and confidential unless the individual expresses an imminent intention to harm himself or others.
These medical laws ensures that information shared between a patient and a medical doctor or healthcare professional is restricted to just the patient and the medical practitioner. This federal law was designed to deal with a number of issues pertaining to the increasing mobile and connected nature of the American culture, and created a number of legal safeguards to, among other things, protect the confidentiality of a patient’s medical and mental health records. Those who violate the Act of medical law stands to face a great significant liability.
Negligence and Other Torts: This section pertains to those diagnosing and treating others as a profession whom are held to a higher standard than a passerby on the street who render aid. Medical malpractice is one of the key focuses of medical law, and relates to the liability of a medical professional for negligence in the diagnosis or treatment of a patient resulting in injury or death. But, other torts do cross over into the field of medial law. For example, it is possible for a medical professional to defame a patient if they wrongfully disclose untrue information about the patient’s health. Another example is battery when one performs a treatment on someone who has declined such treatment (often for religious reasons). That being said, a number of Acts are provided to ensure that guidelines stipulated in these rules are being kept, these include-
- The Affordable Care Act: The Affordable Care Act, passed by Congress and signed into law by the President in March 2010, gives you better health security by putting in place comprehensive health insurance reforms that hold insurance companies accountable, lower health care costs, guarantee more choice, and enhance the quality of care for all Americans.
- The Health Information Privacy: This Privacy Rule provides federal protections for personal health information held by covered entities and gives patients an array of rights with respect to that information. At the same time, the Privacy Rule is balanced so that it permits the disclosure of personal health information needed for patient care and other important purposes.
- Patient Safety and Quality Improvement Act: The Patient Safety and Quality Improvement Act signifies the Federal Government’s commitment to fostering a culture of patient safety. It creates Patient Safety Organizations (PSOs) to collect, aggregate, and analyze confidential information reported by health care providers. Currently, patient safety improvement efforts are hampered by the fear of discovery of peer deliberations, resulting in under-reporting of events and an inability to aggregate sufficient patient safety event data for analysis. By analyzing patient safety event information, PSOs will be able to identify patterns of failures and propose measures to eliminate patient safety risks and hazards.
It is worthy of note that these laws are reviewed from time to time and apart from federal laws that cut across each state. Some certain states have their own additions to these laws. For more info about some laws obtained in some states and more detailed information on these laws and more, visit LawsandLoans.com.